This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.

The Allied agreement after the Second World War did not only partition Germany, it divided the nation along the fault-lines of a new bipolar world order. This inner border made Germany a unique place to experience the Cold War, and the “German question” in this post-1945 variant remained inextricably entwined with the vicissitudes of the Cold War until its end. This volume explores how social and cultural practices in both German states between 1949 and 1989 were shaped by the existence of this inner border, putting them on opposing sides of the ideological divide between the Western and Eastern blocs, as well as stabilizing relations between them. This volume’s interdisciplinary approach addresses important intersections between history, politics, and culture, offering an important new appraisal of the German experiences of the Cold War.

In 2012, the United Nations General Assembly determined that affordable Internet access is a human right, critical to citizen participation in democratic governments. Given the significance of information and communication technologies (ICTs) to social and political life, many U.S. tribes and Native organizations have created their own projects, from streaming radio to building networks to telecommunications advocacy. In Network Sovereignty, Marisa Duarte examines these ICT projects to explore the significance of information flows and information systems to Native sovereignty, and toward self-governance, self-determination, and decolonization. By reframing how tribes and Native organizations harness these technologies as a means to overcome colonial disconnections, Network Sovereignty shifts the discussion of information and communication technologies in Native communities from one of exploitation to one of Indigenous possibility.

Links the political critique of sovereign power with ecological concerns

Throughout the history of human intellectual endeavor, sovereignty has cut across the diverse realms of theology, political thought, and psychology. From earliest Christian worship to the revolutionary ideas of Thomas Jefferson and Karl Marx, the debates about sovereignty -- complete independence and self-government -- have dominated our history. In this seminal work of political history and political theory, leading scholar and public intellectual Jean Bethke Elshtain examines the origins and meanings of &"sovereignty"; as it relates to all the ways we attempt to explain our world: God, state, and self. Examining the early modern ideas of God which formed the basis for the modern sovereign state, Elshtain carries her research from theology and philosophy into psychology, showing that political theories of state sovereignty fuel contemporary understandings of sovereignty of the self. As the basis of sovereign power shifts from God, to the state, to the self, Elshtain uncovers startling realities often hidden from view. Her thesis consists in nothing less than a thorough-going rethinking of our intellectual history through its keystone concept. The culmination of over thirty years of critically applauded work in feminism, international relations, political thought, and religion, Sovereignty opens new ground for our understanding of our own culture, its past, present, and future.

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.